[HISTORY: Adopted by the Town Board of the Town of Coxsackie 4-9-1985. Amendments
noted where applicable.]
Ensurance of continued health and safety of the region impacted
by a facility constructed within the Town of Coxsackie is a paramount
issue which mandates a close and vigilant watch and monitoring of
emissions. This chapter requires that any industrial source of potential
synergistic or potentiating chemicals demonstrate that the levels
emitted are safe, have been minimized and are subject to periodic
review. Therefore, pursuant to general police powers of the Town to
protect the health and safety of its inhabitants, this chapter is
hereby adopted.
This chapter shall apply to any facility in the Town of Coxsackie
combusting materials in excess of 500 pounds per day exclusive of
fuel oil, natural gas and organic agricultural wastes.
As used in this chapter, the following terms shall have the
meanings indicated:
An emission limitation, including a visible emission standard,
based on the maximum degree of reduction for each applicable pollutant
from any proposed stationary source or modification which the Town
Board, on a case-by-case basis, determines is generally achievable
for such source or modifications through application of production
processes or available methods, systems and techniques, including
fuel treatment or cleaning or innovative fuel combustion techniques
for control of such pollutant. In determining "BACT," the Town Board
shall take into account energy, environmental, health and economic
impacts.
Includes but are not limited to the following materials:
paper, wood, industrial and municipal wastes. Combustible materials
in this chapter specifically exclude fuel oil, natural gas and organic
agricultural wastes.
The lowest achievable emission rate for the pollutants listed
in Appendix C to the maximum levels dictated in Appendix C.[1]
Includes an individual, society, club, firm, partnership,
corporation or association of persons, and the singular number shall
include the plural number.
Any occurrence of a main chamber or flame temperature cooling
in excess of 50° F. below normal operating temperature shall constitute
a shutdown.
The Town Board of the Town of Coxsackie or its designee.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
A.
No person shall commence construction of any facility governed by
this chapter without first having obtained an initiating permit to
do so. This initiating permit shall be in addition to any other permit
or regulation of the Town of Coxsackie and in addition to any other
permit or regulation of any other regulatory authority.
B.
Application for such permit shall be made to the Town Clerk, and
no such permit shall be granted except after a public hearing which
shall be held 30 days after written notice in the official newspaper
of the Town of Coxsackie. The application shall be reviewed within
90 days by the Town Board.
C.
Application shall be made on forms provided by the Town Clerk and
shall have annexed thereto recent emission studies of similar plants
employing similar emission control technology, type and quantity of
combustible materials and similar combustion conditions (air flow,
oxygen content and operating temperature). There shall also be annexed
to said application a computer model (Complex II) of the impacted
area, complete with all input data. The application shall have annexed
thereto the applicant's proposed operational monitoring, sampling
and testing protocol. Firms considered for analyzing of specimens
shall be licensed by the New York State Department of Health. No more
than three consecutive tests shall be conducted for the same substance
by the same firm, with the exception of dioxin testing.
A.
A proposed facility must demonstrate that the reactions involving
any of the raw materials, intermediate compounds and final compounds
resulting in the production of any compounds mentioned in Appendix
A do not exceed the limits set forth in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Current technical reports demonstrating safety of similar plant emissions
must be provided by the facility. Any contradictory data or contradictory
technical report as to the safety of a facility must be refuted via
actual test data on an identical operational facility prior to the
initiation or construction of the facility and also prior to the issuance
of an initiating permit. In the case of contradictory documents as
to the safety of a facility, the plant's normal operating emissions
must be tested immediately upon start-up (within 24 hours of start
of initial operation).
C.
When multiple emissions are present, their combined effect should
be considered in establishing a threshold limit value. The effects
of the different emissions shall be considered as additive. The combined
effect of the emissions produced shall be the sum of all the fractions;
concentration or rate divided by the concentration or rate limit for
that emission. If the sum of the fractions for all emissions exceeds
unity, then the threshold limit value has been exceeded.
D.
The Town Board of Coxsackie reserves the right to determine which combination of emissions are not synergistic or potentiating. The emissions deemed not synergistic or potentiating by the Town Board of Coxsackie shall not be subject to the combined effects formula in Subsection C but shall be subject to an individual limit.
E.
The facility will employ BACT as defined by the Town Board at the
time of approval of application.
F.
The stack emission levels of the facility will not exceed the levels
set forth in Appendix B.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
G.
The input data for the computer model shall not result in projections
that are not representative of reasonably anticipated environmental
impacts.
H.
If, in the opinion of the Town Board, the testing, sampling and monitoring
protocol will not obtain representative results, in making its decision
the Town Board will compare the applicant's protocol with that
established by the United States Environmental Protection Agency.
I.
For regions with ambient levels in excess of limits set forth in
Appendix A prior to the construction of the proposed facility, as
to the item(s) listed in Appendix A which are exceeded (prior to construction),
the facility shall be subject to the limits in Appendix C for that/those
item(s).[3]
[3]
Editor's Note: Appendixes A and C are included at the
end of this chapter.
No facility governed by this chapter shall be operated except
upon the issuance of an operating permit by the Town Board. Application
for such permit shall be on forms provided by the Town Clerk, and
such permit shall not be granted except after a public hearing upon
30 days notice published in the official newspaper of the Town of
Coxsackie.
Prior to making an application for such permit, the applicant
shall advise the Town Board that the facility is ready for operation
and is requesting an approval for mandatory preoperational testing
as herein set forth. No such mandatory preoperational test shall be
conducted except upon 30 days notice to the Town Board and written
approval of such mandatory preoperational test from the Town Board.
The facility must conduct mandatory preoperational testing as set
forth within this section.
A.
Test duration. The facility shall be operated under normal operating
temperatures for a period of 72 hours and charged with combustible
material representative of designed use of the facility.
B.
Start-up mode. During a facility start-up, emissions monitoring shall be performed at five-minute intervals from start-up initiation until main chamber temperature and air-filtration device temperatures (if applicable) maintain normal stable operating levels or until stable burner temperature (see § 70-13D) of at least 2,200° F. and air filtration device temperature (if applicable) has obtained normal operating conditions. Normal stable operating temperatures of the main chamber must exceed 2,100° F. Total elapsed time for the start-up mode outlined in this subsection shall not exceed 48 hours.
C.
Normal operation mode. During normal operation of the facility, emissions
monitoring shall be performed every 12 hours to determine emissions
from the facility.
D.
Shutdown mode. The first mandatory preoperational shutdown mode test
shall commence at 150° F. below normal operating level. During
a shutdown, the unit shall be tested at every deviation of 100°
F. from initial test (specified within this subsection) or five minutes,
whichever occurs first, until unit's flame and main chamber temperatures
are below 150° F. Upon completion of such mandatory preoperational
testing, the facility shall be shut down.
A.
The mandatory preoperational test results shall be annexed to an
application for an operational permit. Such permit shall be granted
if the test results show all emissions are less than or equal to the
levels used as emission input data for the Complex II modeling submitted
for the initiating permit and other criteria for the mandatory preoperational
testing were met.
B.
The initial operating permit shall expire on July 31 following its
issuance. Applications for subsequent permits shall be submitted at
least 30 days prior the expiration of the existing permit, together
with proposed testing protocol. Such application shall be approved
if the facility is in compliance with this chapter as amended, and
the testing protocol is approved by the Town Board. The Town Board
may require testing protocol revision based on technological advancements.
Following the issuance of the initial operating permit or subsequent
operating permits, the following monitoring shall be required:
A.
Temperature scale. Temperature measurements must be performed with
National Bureau of Standards traceable thermocouples (tertiary standards
or better) via a continuous monitoring hard-copy readout calibrated
to International Practical Temperature Scale – 68 (IPTS –
68).
B.
Temperature monitoring. The temperature monitoring system must be
calibrated monthly with deviations of less than 5° F. for the
entire system, inclusive of thermocouples. Calibration must be performed
by an outside qualified calibration service which will provide findings
on equipment reliability, precision and accuracy to the Coxsackie
Town Clerk on a quarterly basis. Any occurrence of two consecutive
months of calibration deviations exceeding the allowable limits will
constitute a shutdown occurrence until the furnace is below 150°
F. or a certificate of calibration compliance is provided that establishes
equipment calibration within allowable limits. Monthly hard copy temperature
documentation must be provided prior to the fifth business day after
the end of the month for the proceeding month with at least the following
information:
A.
B.
To ensure that a monitoring unit for each of the locations in Subsection A(1) through (6) above continues monitoring during calibration and maintenance, the system shall possess demonstrated operable provisions for power failures and monitoring malfunctions. At any time in which temperature equipment which is measuring any of the locations mentioned in this section malfunctions or is disabled, emissions monitoring will commence immediately and continue as in shutdown conditions until specifications and criteria of this chapter are subsequently met and monitoring equipment malfunction has been corrected.
A.
The facility must monitor for any chemical or air quality change
present within the facility formed by the process or emitted by the
process.
B.
When multiple emissions are present, their combined effect should
be considered in establishing a threshold limit value. The effects
of the different emissions shall be considered as additive. The combined
effect of the emissions produced shall be the sum of all the fractions;
concentration or rate divided by the concentration or rate limit for
that emission. If the sum of the fractions for all emissions exceeds
unity, then the threshold limit value has been exceeded.
C.
The Town Board of Coxsackie reserves the right to determine which combination of emissions is not synergistic or potentiating. The emissions deemed not synergistic or potentiating by the Town Board of Coxsackie shall not be subject to the combined effects formula in Subsection B but shall be subject to their respective individual limit.
D.
The facility shall monitor the proposed facility for any chemical or air quality change known to be emitted from similar facilities as described in § 70-6 for a minimum of two years. At the end of the two-year monitoring period, the proposed facility may request that the Town Board of Coxsackie release the facility from the requirement to monitor a particular emission. The Town Board of Coxsackie may grant a release only when the majority of the Board members feel that no potential health danger is present. This provision pertains only to emissions not specifically outlined within this document or within the documents referenced within this chapter. The Town of Coxsackie reserves the right to request additional types of emissions to be tested as knowledge of emissions and potentiating effects are developed.
E.
The facility shall monitor the proposed facility for any chemical
which is known to have synergistic or potentiating effects with other
existing pollutants as modeled with a Complex II computer-modeled
dispersion pattern, for all anticipated dispersion concentrations
must demonstrate that no adverse health effects will occur.
F.
The facility shall monitor for any chemical or particulate contained
within Appendix B[1] and shall be limited in maximum amount emitted to the amount detailed within that particular subsection. Emissions in excess of said document levels will constitute noncompliance and be subject to the penalties outlined in § 70-16.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
G.
The facility shall monitor for any chemical listed within Appendix B to a level ensuring a statistically sound compliance with the levels mentioned within this section. For the facility to be in compliance with this chapter, the emissions level must show a statistically sound compliance with limits set. Emissions in excess of said document levels will constitute noncompliance and be subject to the penalties outlined in § 70-16.
Actual emission specimens obtained for analysis shall be measured
in the manner outlined in this section.
A.
All measurements shall be conducted on a direct measurement (isomer
specific) basis. Measurements conducted on correlations to other chemicals
emitted shall not be construed as an adequate measure to ensure public
safety.
B.
Measurement procedures shall utilize the best available measurement
techniques available at the time. Measurement techniques shall be
reviewed every three years and be upgraded accordingly at the request
of the Town Board.
C.
A proven document certifying that best available measurement techniques tests were utilized as prescribed in Subsection B shall be obtained. This certification must be obtained from the New York State Department of Health by the facility and submitted to the Town of Coxsackie with the test results.
A.
Start-up mode. During a facility start-up, emissions monitoring shall be performed at fifteen-minute intervals from startup initiation until main chamber temperature and air filtration device temperatures (if applicable) maintain normal stable operating levels or until stable burner flame temperature (See § 70-13D) of at least 2,200° F. and air filtration device temperature (if applicable) has obtained normal operating conditions. Normal stable operating temperatures of the main chamber must exceed 2,100° F. Failure to perform required tests will constitute noncompliance of this chapter and is subject to penalties outlined in § 70-16.
B.
Normal operation mode. During normal operation of the facility, emissions monitoring shall be performed every three months to determine emissions from the facility. The scheduled test dates are the first nonholiday Tuesday of the following months: February, May, August and November. Failure to perform required tests will constitute noncompliance of this chapter and is subject to penalties outlined in § 70-16.
C.
Shut-down mode. During a shutdown, the first monitoring sample shall be taken at 150° F. below normal operating level or 15 minutes whichever occurs first. During a shutdown, the unit shall be sampled at every deviation of 100° F. from initial test (specified above) or 15 minutes, whichever occurs first, until unit's flame temperature and main chamber temperatures are below 150° F. or have obtained a stable burner flame (see Subsection D) at normal operating temperature. Failure to perform required tests will constitute noncompliance of this chapter and is subject to penalties outlined in § 70-16.
D.
Burner flame stability: temperature. Burner flame temperature [§ 70-10A(1)] is said to be stable if criteria in Subsection D(1) through (4) are met:
(1)
Burner flame stability: spikes. No occurrence of temperature spikes
of greater than 50° F. from operating level or 2,150° F.,
whichever is higher.
(2)
Burner flame stability: mean value. A statistically mean temperature
of 2,200° F. or established operating temperature, whichever is
higher, is obtained.
(3)
Burner flame stability: oscillation. The frequency of deviation from
stable temperature larger than 30° F. must be less than three
within any fifteen-minute interval.
A.
When emission tests are conducted, the Town of Coxsackie must be
notified by certified mail within 48 hours of the test that tests
were conducted. This letter should contain the following information:
(1)
The reason the test was conducted.
(2)
The operating conditions during the test.
(3)
The operating conditions when failure occurred (if any).
(4)
The protocol followed in sampling and testing.
(5)
What firm is performing the tests.
(6)
A copy of the calibration certificate(s) of the equipment performing
the tests.
(7)
The anticipated date the test data will be received by the Town of
Coxsackie.
B.
Test specimens must be analyzed immediately after the test. Test
results will be sent directly from the testing facility to the Town
Clerk for the Town of Coxsackie within four weeks of obtaining a specimen
for analysis, with the exception of dioxin analysis, which shall be
allowed a maximum of eight weeks.
A.
Any person violating any provision of this chapter shall, upon conviction,
be subject to a fine of not less than $250 and not more than $1,000
and may be subject to imprisonment for a period not to exceed four
months or both such fine and imprisonment.
[Amended 5-14-1991 by L.L. No. 4-1991]
B.
Each calendar day in which a person violates any provision of this
chapter shall constitute a separate violation.
C.
Conviction of a third violation of any provision of this chapter
within any twelve-month period shall, upon public hearing, be grounds
for permanent revocation of the operating permit, in addition to the
other penalties prescribed herein.
D.
Quarterly test results submission. Quarterly test results must be
submitted within 10 weeks of sampling. Any facility failing to submit
results within the prescribed time will be subject to revocation of
operating permit after a public hearing.
A.
It is the intention of this chapter to charge the applicant the reasonable
and necessary costs to the Town of Coxsackie to administer this chapter
with respect to the specific project.
B.
Upon submission of an application for an initiating permit, the applicant
shall submit a fee payable to the Town of Coxsackie, by certified
check or equivalent, in the amount of 1/2 of 1% of the projected construction
costs of the proposed facility.
C.
Upon rejection of the initiating permit application or after approval
of the initiating permit but rejection of the operating permit or
upon approval of both applications, any unused portion of the fee
shall be refunded to the applicant, with a statement of costs, within
90 days of completion of the application review process.
